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Reso 41904-V-89 CITY OF CUPERTINO 10300 '11orre Avenue Cupertino, California 95014 RESOLUrION No. 4190 OF OLE PIANNING OWMISSION OFT11E CITY OF CUPffd`INO REOM41NDING APPROVAL OF A VARIANCE TO SBMONS 6.4.2 AND 8.4.3 OF ORDINANCE 1449 TO AIUM REDUCTION OF T11E RBQUIRE3) SIDE YARDS FOR THE SBODND FLOOR OF A SINGLE FAMILY RESIDENCE SECTION 1: FINDINGS mumEAS, the Planning Ccmnission of the City of Cupertino has received an application for a Variance, as described on Page 2 of this Re -solution; and vnumrAs, the necessary notices have been given in accordance with the procedural ordinance of the City of Cupertino, and one or more Public Hearings have been held by the Planning Ccumission; arxi muRCAS, the Planning Commission finds that the application satisfies the following criteria: 1) That there are special conditions or exceptional characteristics in the nature of the property to be affected, or that its location or its surroundings are such as will permit the Commission to make a determination that a literal enforcement of the Ordinance would result in practical difficulties or unnecessary hardships. 2) 7hat the grantirxg of the variance action is necessary for the preservation and enjoyment of substantial property rights. 3) 7hat the Hearing record demonstrates that the granting of the variance will not have a material, adverse impact upon the health or safety of persons residing or working in the neighborhood of the property., Further, the mamier in which the property will be used subsequent to inplementation of the variance action will not be materially detrimental to the public welfare or injurious to the value of property or irprovements located in the the vicinity of the property affected by said variance. NOW, THER110RE, BE IT RESOLVED: miat af ter careful consideration of raps, facts, exhibits, testimony and other evidence submitted in this matter, the application for variance is hereby reommw-nded for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and BE IT FUFaHER RESOLVED: That the subconclusiorLs upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 4-V-89 as set forth in the Minutes of the Planning ccumission meeting of August 14, 1989 and are incorporated by reference ag though fully set forth herein. Resolution No. 4190 (4-V-89) 0/14/89 Page - 2 - SMUMON 2: PRa]T-rr DESMUTI Application No(s) : 4 -V - Application: Roy and Ifelen Adzich Property Owner: slum Location: South side of Granada Ave ue. approgirately 350 m ft. east of Byrm Avenue Parcel Area: 5,009 square feet SECNON 3: COMMONS OF AP 1. APPROVED EXUBITS Ube reconendation of approval is based on th Site Plan. Floor Plan and Elevation diagrams (4 sheets) of Application 4-V-89 dated July, 1989, except as may be amended by the conditions contained herein. 2. INGRESS/EGIZESS FASEMENM The owner shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, for all parcels which share a commn private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 3. IOP ORIENrATION For purposes of defining yard areas, the easterly lot line shall be deemed the front lot line. 4. MINIMLM SMRY SETBACK The 19 foot second story building divension appearing on the site plan shall be reduced to 15 feet; the north side yard second story setback shall Pe �ncreased to 10 feet. 5. ROOF DESIGN The roof covering the south side of the building shall be modified to delete the gable. r1he roof shall slope from the south building line up to the main ea t/west ridge line. libe stair well can be accamnodated in the sloped roof line. The intent of the condition is to reduce building mass as viewed from the south side of the building. Resolution No. 4190 (4-V-89) 8/14/89 Page - 3 - PASSED AND ADOP`1TD this 14th day of August, 1989, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Mackenzie, Sorensen, Szabo NOES: COMMISSIONERS: ABSrAIN: COMMISSIONERS: ABSEWr: COMMISSIONERS: Chairman Adams, Claudy AWEST: /s/ Robert Cowan Robert Cowan Director of Community Development peresos\rso4v89 /a/ Nicholas Szabo Nicholas Szabo, Chairman Cupertino Planning Conwaission